Kim Gale  |  April 24, 2018

Category: Legal News

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infection-after-open-heart-surgeryA woman has filed a deep joint infection lawsuit after a Bair Hugger Forced Air Warming system allegedly introduced bacteria into an open surgical wound.

Plaintiff Maria A. said she underwent surgery on April 12, 2016. During the surgery, a Bair Hugger allegedly was used to keep her body warm. She claims the use of this device led to a postsurgical infection, according to this deep joint infection lawsuit.

A Bair Hugger is a portable heater and blower mechanism connected by a hose to a disposable blanket that covers surgical patients. The machine takes in air from the room to create warm air that exits the blanket through several small holes to warm the patient. The deep joint infection lawsuit alleges the Bair Hugger can take in air from the non-sterile floor of the operating room.

Maria claims the air that flowed over her from the Bair Hugger contained contaminants that resulted in her suffering an infection in her surgical wound. She said she had to undergo two-stage revision surgery on Dec. 5, 2016, and July 17, 2017.

According to the deep joint infection lawsuit, Maria “now suffers and will continue to suffer permanent damage as a result of the Bair Hugger-induced infection.”

Maria’s deep joint infection lawsuit joins an MDL that includes several patient complaints regarding the Bair Hugger blanket system.

Deep Joint Infection Lawsuit Allegations

The deep joint infection lawsuit alleges that Bair Hugger knew that contaminants could enter the machine’s air circulation and then be blown into an open wound or surgical site. Plaintiffs claim manufacturer 3M continued to insist the machine was safe to use during general and orthopedic surgeries.

According to the deep joint infection lawsuit, Bair Hugger allegedly has been “aware of the pathogenic contamination of the internal airflow pathways of the Bair Hugger since at least as early as 2009.”

Plaintiffs say that the publication of scientific research that identified the airflow contamination issues should have convinced Bair Hugger to discontinue selling the device until it was redesigned to prevent the dissemination of bacteria.

Instead, Bair Hugger allegedly “callously and with conscious disregard of patient safety chose to amplify their efforts to champion the device and silence critics,” accuses the deep joint infection lawsuit.

Plaintiffs accuse Bair Hugger of allegedly concealing and discrediting peer-reviewed scientific conclusions that interfered with their ability to market the device.

The deep joint infection lawsuit alleges leaks on the intake side of the Bair Hugger mechanism and insufficient filtration of the air intake lead to microbial contamination inside the machine and in the hose.

According to the deep joint infection lawsuit, “At least one scientific study has revealed the presence of viable microorganisms in 100% of Bair Hugger devices, with the heaviest growth reported on the internal air path surfaces of the elbow of the device.”

The Deep Joint Infection Lawsuit is Case No. 0:18-cv-00932-JNE-FLN and is part of the Bair Hugger MDLIn re: Bair Hugger Forced Air Warming Products Liability Litigation, MDL No. 15-2666, in the U.S. District Court for the District of Minnesota.

In general, Bair Hugger lawsuits are filed individually by each plaintiff and are not class actions.

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